Interpretations of the tax law, issued by tax authorities, are a fairly new institution in Poland. They were introduced into the legal system by the Tax Ordinance Act of 29 October 1997. From that time these regulations were deeply changed three times. Now it seems that Polish legislator has finally succeeded in elaborating an appropriate model for binding interpretation of tax law that protects the interests of taxpayers. However, discussed regulations seem to need some other amendments. The objective of this (...) article is to present the evolution of the provisions pertaining to the issuing of the so-called official interpretations of tax law and to point at certain shortcomings of the present regulations. (shrink)

The article analyses, in a comparative perspective, the phenomenon of the evolution of the protection of surviving spouse’s inheritance rights in France and Lithuania, the two legal systems historically having some points of interaction. The protection of the surviving spouse is one of the major preoccupations of married couples of today, the couple occupying a central role within the contemporary family. Comparative analysis reveals certain points of convergence between these two legal systems inasmuch the surviving spouse is considered by (...) both legislations as an heir ab intestat and whose protection over the years has been considerably strengthened. The surviving spouse is called to inherit alongside with the heirs of the first or second order and is entitled to the proportions in assets that have not ceased to increase. Lithuanian law seems to have been innovative at an earlier stage than French law, as it is only in the beginning of the 21st century that significant reforms were carried out in this area of law in France. Analysis has also revealed apparent differences in the scope of protection of the surviving spouse, both in regards to the protection provided by law (statutory protection), as well as protection organised by the will of the spouses (voluntary protection). In some respects the statutory protection is more extensive in France (for example, complementary statutory rights of the spouse in regards to the dwelling place or the quality of héritier réservataire) and the instruments of this protection seem to be more varied (for example, the possibility for the spouses to organise their matrimonial regime by inserting specific clauses into the nuptial contract, mechanisms outside the nuptial contracts, such as donations, wills or life insurance contracts). However, this protection might appear to be more extensive under Lithuanian law as far as the voluntary protection is concerned taking into account the introduction, by the new Lithuanian Civil Code of 2000, of the joint will of spouses under which the whole property of the deceased spouse shall be inherited by the surviving spouse (except the mandatory share of succession). The article raises some doubts as to the desirability or even feasibility of aligning the two models of protection given the fact that each of the two countries has its own history and traditions. Nevertheless, a proposition resurges from the analysis in regard to the possible improvement of the protection of the rights to the dwelling place of the surviving spouse under Lithuanian law. Some elements from the existing French model could be transposed given that the dwelling place is an essential family element providing some stability for the surviving spouse. (shrink)

The thesis examines the origins and function of legal theory within the context of the development of early Islamic law. I argue against the depiction of the development of law as a series of compromises between traditionalism and rationalism. Rather, by evading the demands of traditionalism, law evolved into a complex doctrinal entity rooted in the social structures of third-century Abbasid society. This revision of the development of law provides a context to evaluate early works of legal theory. Moreover, in (...) context of my analysis of the development of law, I attempt to explain the emergence of legal theory as an independent discipline and its function within the greater structure of law. (shrink)

The European Community has been in existence for forty years. This period has seen considerable change and development in both the institutional and the substantive law of the EC -- and more recently the EU. Numerous works on EC law have been published over the years, ranging from textbooks, to specialist monographs, to collections of essays on particular aspects of Community jurisprudence. This, however, is the first work which seeks to stand back from the ever-growing detail of Community law, and (...) examine this jurisprudence from an evolutionary and interdisciplinary perspective. Every important area of institutional and substantive European law is covered -- leading lawyers analyse the evolution of their area of expertise across time, bringing out the major thematic changes which have occurred.These changes are then viewed against the broader political and economic background of the Community as a whole. This book will give readers a clearer understanding of the overall legal picture, and will also allow them to gain a richer perspective on the interaction between law and other forces which have shaped the Community and made it what it is today. (shrink)

's argumentation in favour of essential invariability of the fundamental laws of nature is critically examined. It is contended that within the realist framework Poincareé's arguments lose their apodictical force. In this sense the assumption of inconstancy of even the fundamental laws of nature is methodologically legitimate.

The Dialectical Forge identifies dialectical disputation as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping (...) Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn through a lens molded from 5th/11th century jadal-theory treatises. Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters. (shrink)

The growth of the modern corporation from local and nationally centered origins to the multinational and then the global level is traced on the one hand to global flows of matter, energy, and information, and on the other to the geographic and political constraints exercised by nation-states. The emergence of the global corporation follows basic laws of evolution applicable to all complex systems, whether in nature or in society. Thus the global corporation is a new but not an anomalous (...) phenomenon on the stage of history. (shrink)

This article is a review and reflection of the new elements of rights and laws, applied to the principle of justice and sovereignty, but above all in the demonstration that law as a science once again allows us to conceive that as a science it evolves and must be modified according to the new conducts that the State and society require, such is the case of the constitutional recognition that this type of rights have. In the last decades, human beings (...) have evidenced that the way in which they interact with nature is causing serious consequences to the ecosystems that compose it. In the past, these consequences were not yet evident and, therefore, the environmental awareness that exists today did not exist. Therefore, it is necessary to analyze and reflect on certain conditions of this right in Ecuador. (shrink)

The article examines the evolution of the views of the German poet and playwright Friedrich Schiller on the concept of a "beautiful soul" as a harmonious combination of mind (form) and sensuality (matter). The idea of this evolution is formed on the basis of the poet's artistic works. The main objects of research are six of Schiller's dramas ("The Robbers", "The Fiesco Conspiracy in Genoa", "Don Carlos, Infante of Spain", "Mary Stuart", "The Maid of Orleans" and "William Tell"), (...) which most vividly depict the poet's attempts to resolve the conflict between form and matter. A number of Schiller's theoretical works are considered as additional sources: on physiology, history and aesthetics. In turn, additional sources allow us to form an idea of the socio-political significance that Schiller attached to his vision of a "beautiful soul." The research is based on the following methods: descriptive, comparative and biographical methods of analyzing works of art. The author of the article proceeds from the premise that the poet, who began under the strong influence of the literary movement "Storm and Onslaught", quickly became disillusioned with Sturmer's individualist hero, whose goal was to maximize his own potential, albeit to the detriment of society. At the same time, it is noted that Schiller did not have confidence in the state and its laws, which seek to simplify the diversity of life by subordinating it to ideal forms. It is concluded that the existence of a "beautiful soul" acting at will and not limited by the law is possible only in a society in which the state has disappeared as an independent institution, merging with the people; in which there is no class stratification and a gap between ordinary citizens and rulers. The contribution of the author of the article is to develop the idea of Schiller as a kind of "ideologue" of a stateless society. The results obtained are planned to be developed in a series of articles devoted to the consideration of Schiller's philosophical views. (shrink)

'The Laws of Evolution' questions our current understanding of the laws that govern our universe and its evolution.

The article describes the evolution of problems in the Lithuanian labour law and labour law science since the re-establishment of independence in 1990. Three periods of evolution are presented: the Soviet period (lasted until 1990), the transitional period (1990- 2004) and the period of the Labour Code (2003 and onwards). During the Soviet period, the Code of Labour Laws regulated employment relationship in strict detail as the main employer was the state itself. Good reflections of that period can (...) be pointed out: active (but forced) collective bargaining, single tariff system that implemented equal treatment in the field of remuneration for work and fluent performance of enforcement of labour laws (legal clarity). During the transitional period, new labour laws were introduced and tuned-up with international labour standards (ILO), but in general there were no essential changes in practice. During all that period, the Lithuanian Labour Code was drafted and came in force in 2003. The period of the new Labour Code started together with the European integration and had to bring new trends of the European labour market into Lithuanian practice. The government and academics brought few initiatives for the liberalisation of labour laws but most of them were stuck in the stage of consulting with social partners (Tripartite Council). Nevertheless, 22 years after the collapse of command economy labour laws incompatible with free labour market still dominate. It is obvious that the Lithuanian Labour Code is outdated and needs general reconstruction. Scientific researches and the EU Council recommendations call for the introduction of flexibility, implementation of flexicurity aiming for full integration into the single European labour market. Some strict labour code rules are prevented from functioning in practice. The courts are forced to derogate from disproportionate and improper articles of the Labour Code. The author brings some of the existing problems of labour law into light and proposes their possible solutions. The existing crisis of labour law could be solved by drafting a new Labour Code with the help of academic researchers and by introducing it directly to the Parliament for adoption. (shrink)

It is generally accepted among Marxists that the laws of materialist dialectics represent a great, scientifically significant achievement for human knowledge, and that they develop as cognition advances. It is also generally accepted that, under new conditions - for example, in a fundamentally new phase in the development of human society such as is presented by socialism - the objective laws of dialectics acquire distinctive new characteristics, are altered, modified. But is it proper to speak of change or evolution (...) of the laws of objective dialectics? Two different viewpoints on this matter were clearly present at the USSR Symposium in April 1965. (shrink)

The Dialectical Forge: Juridical Disputation and the Evolution of Islamic Law. By Walter Edward Young. Logic, Argumentation and Reasoning, vol. 9. Cham, Switzerland: Springer, 2017. Pp. xiv + 643. $149.99, €124.79 ; $109, €101.14.

The subject of the study is the ontological ideas of ancient Chinese music in the context of the formation of philosophical schools of Ancient China, which make it possible to identify a number of philosophical categories that underlie traditional chinese music and outline different approaches to its understanding and interpretation. Most Chinese researchers in the field of musical aesthetics focus on the art of music, rare to pay attention to the philosophical origins of the categories of music that past thinkers (...) wrote about when analyzing laws of existence of the universe. Restoring and rethinking these values in the context of the philosophical and cultural analysis of ancient Chinese music is key to this work, which allows us to gain an understanding of the specifics of ancient Chinese culture and its musical heritage. The novelty of the work lies in carrying out the correlation of genesis of the musical ontology of Ancient China with the dynamics of the formation of the philosophical schools of Confucianism, Taoism and Buddhism, their rise or fall depending on the historical and cultural situation. Musical philosophy in China has not yet become an independent discipline, so the presented work makes a significant contribution to the field of musical ontology. During the study, the authors revealed three main aspects which are basic for the ontology of ancient Chinese music: The nature of music has its source three categories: Tao, air and sound, existing both in a natural state in nature and embodied in musical structure and instruments; Sound and rhythm being the essence to any musical work, organize the sounding space in accordance with the cosmic order; The metaphysical nature of music is justified by the basic principles of Taoist philosophy and number theory. (shrink)

_Progression of rape laws cannot be studied without state and governance feminist actors in Pakistan. The reformation of rape laws is a result of delicate harmony between the state, feminist groups, and international organizations, focused on progressive law-making. Feminist politics – state and governance feminism have altered the shape of policy-making. However, the implementation of policies is minimal compared to the severity of the issue. Essential amendments have been made to the laws on sexual violence since the Protection of Women (...) Act, 2006. These amendments aim to eliminate material gaps and systemic biases against the victims and make the process less adverse. This paper studies the progression of sexual violence laws with a focus on improvement via survival-centric approaches. Recent policies are being perceived from the women-centric lens, for which an argument is raised that any law will be better than the Zina Laws of 1979. The faith of these laws is to facilitate women, and regressive norms of the criminal-justice system are expected to be replaced with well-being initiatives, which require resources to instrumentally execute them._. (shrink)

Le Centre autonome d'enseignement et de pédagogie religieuse (CAEPR) également appelé département de théologie est un département pédagogique de l'UFR de Sciences humaines et sociales de l'université de Lorraine situé à Metz. Les particularités statutaires du CAEPR découlent d’une convention du 25 mai 1974 conclue entre le Saint-Siège et la République française. Elle fixe les prérogatives de l’évêque de Metz dans le fonctionnement de ce département notamment pour la nomination des enseignants chercheurs. L’objectif principal de ce centre est de fournir (...) aux clercs et aux laïcs chargés de l'enseignement religieux catholique dans les écoles primaires et secondaires de la Moselle une formation appropriée. Les autorités religieuses ont de plus sur une longue période demandée aux futurs prêtres de se former dans le cadre du CAEPR. L’évêque de Metz a décidé en 2018 de rompre les liens avec le CAEPER et de mettre fin à la formation universitaire publique des cadres religieux en regrettant que ces formations trop élitistes ne prennent pas en compte les « dimensions humaine, spirituelle et pastorale ». (shrink)

Freedom of association and all institutions coming with it have not been accepted by the Chinese government. Instead, Chinese social organization administration is based upon the concept of association held by the Communist Party of China. The Chinese government had adopted a “total control” model of social organization administration in the era of totalitarianism before the “Opening-up and Reform”, leaving almost no room for social organizations to survive, because the CPC had regarded social organizations as “revolutionary” and “deconstructive”. The Chinese (...) has adopted a graduated control system to administrate social organizations in the era of authoritarianism after the “Opening-up and Reform”, treating social organizations differently according to their threats to the ruling order and their utilities for economic development, because the CPC has viewed social organizations as a “challenging” but “auxiliary” power. The on-going “innovation of registration and administration of social organizations” is not a return to international standard regarding social organization administration in China, but only partial reform of the graduate control system still based upon the CPC’s conception of association as “challenging” but “auxiliary”. Social organizations capable of providing public goods in areas of economic development and social services are given more favorable treatment by the government while political and religious organizations are still tightly controlled by the government. (shrink)

ABSTRACTThis paper gives a personal perspective on the growth of in-house legal teams within law firms. It suggests why these departments have emerged as a response to greater legal and regulatory challenges, changes in the profession and a quest for professionalism and cost effectiveness. The paper examines the work of a substantial team and the parallels and differences between a role in that organisation and other forms of legal practice. Finally, it considers the future for these in-house teams in the (...) light of regulatory and organisational factors and the possible implications of technological innovation on staffing and work. (shrink)

This paper examines the ‘doctrine of reportage’—a particular application of the Reynolds qualified privilege defence to defamation recognized by the House of Lords in Reynolds v Times Newspapers Ltd. The doctrine of reportage provides protection for the neutral reporting (republication) of defamatory allegations made by others in the context of a dispute or controversy of public interest. It is argued in this paper, however, that this emerging defence is doctrinally distinct from the privilege recognized in Reynolds and that its jurisprudential (...) basis needs to be reconsidered. Moreover, the development of the defence under the guise of Reynolds privilege has led to confusion, both by courts and by commentators, as to its potential breadth. It is suggested that the public interest justifications underpinning the reportage defence need to be explicitly re-examined by the courts in order to define its proper scope. Following an examination of these public interest justifications, it is argued that a broad interpretation of the defence should be rejected. (shrink)

Introduction -- The origins of Western law -- Progress and/or decline? -- The path of reductive neurolaw -- Method in theology and science -- Paleo-law : have we always been human? -- Towards a philosophical critique of neurolaw -- Mind, law, theology -- The soul of the law -- Law, violence, and original sin -- Conclusion.

When people speak of ‘the law of the jungle’, they usually mean unions restrained and ruthless competition, with everyone out solely for his own advantage. But the phrase was coined by Rudyard Kipling, in The Second Jungle Book, and he meant something very different. His law of the jungle is a law that wolves in a pack are supposed to obey. His poem says that ‘the strength of the Pack is the Wolf, and the strength of the Wolf is the (...) Pack’, and it states the basic principles of social co-operation. Its provisions are a judicious mixture of individualism and collectivism, prescribing graduated and qualified rights for fathers of families, mothers with cubs, and young wolves, which constitute an elementary system of welfare services. Of course, Kipling meant his poem to give moral instruction to human children, but he probably thought it was at least roughly correct as a description of the social behaviour of wolves and other wild animals. Was he right, or is the natural world the scene of unrestrained competition, of an individualistic struggle for existence? (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead (...) of time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

The tendencies of the development of the Lithuanian criminal procedure within the recent twenty years, after Lithuania has regained its independence, are analyzed in the present article. The main factors which influence lawmaking in the sphere of criminal procedure as well as in the application of the criminal procedure norms are discussed. The constitutional imperatives and the human rights, fixed in international and the European Union agreements as the main factors determining the evolution of the law of criminal procedure (...) are reviewed. It is stated that earlier, while amending or supplementing the Code of Criminal Procedure, the utmost attention used to the drawn to the legal tradition of the state, whereas the legal norms of the modern criminal procedure must be subordinated to the principles fixed in the Constitution. After having briefly reviewed the main tendencies of the development of criminal procedure, i.e. the constitutionalization and internationalizationeuropeization, the following conclusion is drawn: the mentioned tendencies have been producing a significant impact on the evolution of the Lithuanian criminal procedure after the restoration of independence and accession to the international treaties. However, the systemic and critical viewpoint towards the impact of the European Union law on the national law of criminal procedure is still missing. (shrink)

Why the West is different -- Religiously secular: the making of America -- Trouble with the law: Magna Carta and the limits of the law -- christianity and democracy: friend and foe -- Saving humanism from the humanists -- Christianity and atheism: a family affair -- The accidental midwife: the emergence of a scientific culture -- No doubts as to how one ought to act: Darwin's doubts and his faith -- The religion of Christianity and the religion of human rights (...) -- The secular self -- Always with you: capital, inequality and the absence of war -- The rise of Christian populism -- Not just mere rhetoric: the word in U.S. politics. (shrink)

Given the evolution of the public health (PH) and the changes from the phenomenon of globalization, this area has encountered new ethical challenges. In order to find a coherent approach to address ethical issues in PH policy, this study aimed to identify the evolution of public health ethics (PHE) frameworks and the main moral values and norms in PH practice and policy. According to the research questions, a systematic search of the literature, in English, with no time limit (...) was performed using the main keywords in databases Web of Science (ISI) and PubMed. Finally, the full text of 56 papers was analyzed. Most of the frameworks have common underpinning assumptions and beliefs, and the need to balance PH moral obligation to prevent harm and health promotion with respect for individual autonomy has been specified. As such, a clear shift from liberal values in biomedical ethics is seen toward the community’s collective values in PHE. The main moral norms in PH practice and policy included protecting the population against harm and improving PH benefits, utility and evidenced-based effectiveness, distributive justice and fairness, respect for all, privacy and confidentiality, solidarity, social responsibility, community empowerment and participation, transparency, accountability and trust. Systematic review of PHE frameworks indicates utilization of the aforementioned moral norms through an practical framework as an ethical guide for action in the PH policy. The validity of this process requires a systematic approach including procedural conditions. (shrink)

In a recent issue of Biology and Philosophy, Kenneth Waters argues that the principle of survival of the fittest should be eliminated from the theory of natural selection, because it is an untestable law of probability, and as such, has no place in evolutionary theory. His argument is impressive, but it does not do justice to the practice of biology. The principle of survival of the fittest should not be eliminated from the theory of natural selection because it is important (...) to biological practice: it plays an essential role in explanation and discovery, and in unffying the theory of natural selection. (shrink)

Scholars depict punishment as a moral dialogue between the community and the offender, which addresses both the offender’s crime and character. However, how the penal message evolves vis a vis that crime and character as it passes through the different stages of the criminal process has remained under-theorized. This article, building on communicative theory, explores the interrelation between crime and character along the penal process, from sentencing, through prison, to parole release. We argue that in the penal dialogue the relationship (...) between crime and character evolves in a dynamic way through three phases: separateness (sentencing), fusion (prison), and re-distinction (parole) of crime and character. The proposed analysis develops the communicative meaning of the penal process, provides a normative account of the work of punishment administration authorities, and explores applications of our proposed normative analysis for the administration of the punishment. (shrink)

The formal systems of logic have ordinarily been regarded as independent of biology, but recent developments in evolutionary theory suggest that biology and logic may be intimately interrelated. In this book, William Cooper outlines a theory of rationality in which logical law emerges as an intrinsic aspect of evolutionary biology. This biological perspective on logic, though at present unorthodox, could change traditional ideas about the reasoning process. Cooper examines the connections between logic and evolutionary biology and illustrates how logical rules (...) are derived directly from evolutionary principles, and therefore have no independent status of their own. Laws of decision theory, utility theory, induction, and deduction are reinterpreted as natural consequences of evolutionary processes. Cooper's connection of logical law to evolutionary theory ultimately results in a unified foundation for an evolutionary science of reason. It will be of interest to professionals and students of philosophy of science, logic, evolutionary theory, and cognitive science. (shrink)

The law of coherence helps us understand the physical force behind the increasing complexity of the evolutionary process, from quanta, to cells, to self-awareness and collective consciousness. The coherent electromagnetic field is the inner glue of every system, the "intelligent" energy-information communication that assures a cooperative and synergic behavior to all the components of the system, as a whole, allowing harmonious evolution and unity of consciousness. Neuropsychological experiments show that the different brain areas communicate with more or less coherence (...) according to different states of consciousness: high values are correlated with states of psychophysical integrity and well-being, whereas low values with states of conflict and depression. If we expand isomorphically these brain discoveries, we will have four main general states of coherence: from disgregation to unity, which represents an important element, in the General System Theory, to differentiate between inanimate and animate system, and to understand how billions cells become a single living organism, and then how billions of human beings could eventually generate planetary consciousness. In this light the resolution of the global ecosystem crisis implicates human transformation from a low to a highly coherent state of consciousness. The key to the entire process seems to be the coherent nature of consciousness. (shrink)

The notion that nature is subject to laws is exciting from many different viewpoints. This paper is based on the context of modern cosmology. It will list the significant interdisciplinary implications generated by various aspects of the contemporary scientific discussion about the status of laws of nature, especially their dynamic nature. Recent work highlights how multiple aspects of the observed universe still lack explanation and that several problems of standard cosmology still form the object of debate. Considering these issues, several (...) proposals have been made that entail a revision of the concept of the law of nature, according to which the nature of time and of the relation between causality and natural laws ought to be reconsidered using approaches or viewpoints which point to philosophical issues. We argue that Tim Maudlin’s concept of Fundamental Law of Temporal Evolution (FLOTE) and Nancy Cartwright’s notion of the nomological machine provide new insights and valuable tools that can be used in the analysis of the status of laws in the context of cosmology and of complex systems theory. The limits of the traditional approach to laws of nature and their mathematical formulation are highlighted in this context, as well as the fact that many of the ultimate properties of nature may turn out to be formally unpredictable or uncomputable. (shrink)

The article provides the general opinion of philosophers, scientists, and engineers heading institutes and centers of Samara National Research University regarding the issues of scientific and technological progress, social management problems under the condition of digital reality, human functions in new artificial environments. The technology is classically understood as satisfaction of human needs through the ability to apply knowledge of the laws of universe or nature in the broad sense. With advances in technology, the artificial human environment, the metacosmos, emerges. (...) It is formed by technologies: by energy conversion machines, information processing machines, and presently by artificial intelligence. The evolution of the artificial environment, caused by scientific and technological development, entails social transformations, changes in the goals and methods of management system in human communities. Nowadays, the accumulated amount of contradictions of the information society testifies to the need of the search for a new form of organization of social structure, for new goals that would include human development, its creative potential growth, increase of the role of man in scientific and technological development. The authors discuss what the artificial intelligence technologies creating a new artificial human environment should be like to meet those goals. The article analyzes the impact of the fourth industrial revolution on the transformation of society. The question is raised from what philosophical positions one should understand man, society, technology, social development, and its goals. Analyzing the fundament for the philosophy of technology concepts of human, space, evolution, technology, artificial nature, the principles of the society 5.0 are introduced, which were formulated by Noritsugu Uemura. The authors conclude that the development of the artificial intelligence technologies provides opportunities for consistent unlocking the human potential, for advancement in personal growth, and finally for overcoming the crisis of the imbalance between the technological and the human, which characterizes contemporary information society. (shrink)

The law applicable to genomics in the United States is currently in transition and under debate. The rapid evolution of the science, burgeoning clinical research, and growing clinical application pose serious challenges for federal and state law. Although there has been some empirical work in this area, this is the first paper to survey and interview key scientific and legal stakeholders in the field of genomics to help ground identification of the most important legal problems that must be solved (...) to successfully integrate genomics into clinical care. The respondents in this study identified a wide range of interconnected issues, focusing specifically on the need for clear guidelines about how to use these data, fear of liability for those who use these data, and the need to protect patients from use of this information particularly by insurers, while endorsing data sharing. Developing legal strategies to support appropriate use of genomics now and in the future clearly will require making trade-offs, taking into account the full complexity of this legal ecosystem. (shrink)

Ethical dilemmas affect several essential elements of humanitarian aid, such as the adequate selection of crises to which to provide aid and a selection of beneficiaries based on needs and not political or geostrategic criteria. Other challenges encompass maintaining neutrality against aggressors, deciding whether to collaborate with governments that violate human rights, and managing the allocation and prioritization of limited resources. Additionally, issues arise concerning the safety and protection of aid recipients, the need for cultural and political sensitivity, and recognition (...) of the importance of local knowledge, skills, and capacity. The appropriateness, sustainability, and long-term impact of actions; security risks for aid personnel; and the need for transparency and accountability are also crucial. Furthermore, humanitarian workers face the duty to report and engage in civil activism in response to human rights violations and the erosion of respect for international humanitarian law. Lastly, the rights of affected groups and local communities in the decision-making and implementation of humanitarian aid are vital. The traditional foundations and approaches of humanitarian aid appear insufficient in today’s landscape of disasters and crises, which are increasingly complex and divergent, marked by a diminished capacity and shifting roles of various actors in alleviating suffering. This article reviews the historical evolution of the conceptualization of humanitarian aid and addresses some of its ethical challenges and dilemmas. (shrink)

Legal reasoning requires identification through search of authoritative legal texts (such as statutes, constitutions, or prior judicial opinions) that apply to a given legal question. In this paper, using a network representation of US Supreme Court opinions that integrates citation connectivity and topical similarity, we model the activity of law search as an organizing principle in the evolution of the corpus of legal texts. The network model and (parametrized) probabilistic search behavior generates a Pagerank-style ranking of the texts that (...) in turn gives rise to a natural geometry of the opinion corpus. This enables us to then measure the ways in which new judicial opinions affect the topography of the network and its future evolution. While we deploy it here on the US Supreme Court opinion corpus, there are obvious extensions to large evolving bodies of legal text (or text corpora in general). The model is a proxy for the way in which new opinions influence the search behavior of litigants and judges and thus affect the law. This type of “legal search effect” is a new legal consequence of research practice that has not been previously identified in jurisprudential thought and has never before been subject to empirical analysis. We quantitatively estimate the extent of this effect and find significant relationships between search-related network structures and propensity of future citation. This finding indicates that “search influence” is a pathway through which judicial opinions can affect future legal development. (shrink)

In this Article we explore the evolution of property law and examine the applicability of the prevailing accounts according to which property institutions oscillate between the extreme points of open access and private property. We show that the evolution of property is a much more nuanced process, shaped by the interplay of the following three dimensions: number of owners, extent of dominion and asset configuration. Accordingly, property institutions can assume a myriad of positions along the aforementioned dimensions in (...) response to the constant change in exclusion and management costs. We demonstrate our theory by discussing examples of three dimensional adjustments of real, personal and intellectual property. (shrink)

This Essay presents law’s evolution as a paradoxical union of the finite and the infinite. At any given point in time, law is a finite body of norms, which can be identified. At the same time, law’s evolution is infinite because rule-mutations that alter those norms are indeterminable. In modern legal systems, law’s evolution occurs under the constraining influence of master texts, which provide normative durability by enshrining the fundamental norms of a legal system and fortifying them (...) against change. Despite this stabilizing role, however, master texts are themselves open to mutations. Therefore, law’s evolution under the constraints of a master text mediates the paradoxical union of law’s finite and infinite nature. (shrink)

Lyman Abbott was an American liberal theologian and a confidant of Theodore Roosevelt. He was a moderate man who sought to re-establish Christian faith among the American people in a period of change. This book, first published in 1893, argued that spiritual experience is always new and therefore every age requires a new expression for it. A believer in the possibility of harmonious coexistence between the Church and evolutionary theory, Abbott proposed a 'more intelligible and credible' religion that endeavoured to (...) sustain faith by expressing it in contemporary terms. He maintained that science and faith were compatible and that both natural and spiritual elements belonged to a shared kingdom governed by the law of progress. Blending faith in historical Christianity with belief in progress and evolutionary theory, Abbott aimed to provide a bridge between religious life and late nineteenth-century philosophical thought. (shrink)

We have demonstrated, using the Cantor dust method, that the statistical distribution of appearance and disappearance of rodents species (Arvicolid rodent radiation in Europe) follows power laws strengthening the evidence for a fractal structure set. Self-similar laws have been used as model for the description of a huge number of biological systems. With Nottale we have shown that log-periodic behaviors of acceleration or deceleration can be applied to branching macroevolution, to the time sequences of major evolutionary leaps (global life tree, (...) sauropod and theropod dinosaurs postural structures, North American fossil equids, rodents, primates and echinoderms clades and human ontogeny). The Scale-Relativity Theory has others biological applications from linear with fractal behavior to non-linear and from classical mechanics to quantum mechanics. (shrink)

The question of legal optimism presupposes the development of a normative stance regarding the law’s evolution. Only with a sense of where the law should be going can one be optimistic—or pessimistic for that matter—regarding its development. Thus, the possibility of legal optimism depends on disclosing the normative stance toward the law’s evolution suggested by the law’s moral creativity. What we need is a legal theory for civil society analogous to our legal theory of the market.

This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing (...) but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process rather than a miraculous one. In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up. (shrink)

We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically oriented naturalized (...) approach. The shortcomings of the various a priori approaches are driven by their common methodological commitments to employing weird hypotheticals to engage in intuition mining about the American legal systems that in turn ignore important aspects of the actual legal systems and consistently make impossible epistemological demands. As a result, both their descriptions of and prescriptions for American legal systems are implausible, unlike the relative plausibility theory. (shrink)

This article is an overview of the evolution of Islamic radicalism during the 19 th - 21 st centuries. It demonstrates that nineteenth century Islamic radicalism is based on the ideas of pan-Islamism, whose main representatives are J. al-Din al-Afghani and M. Abduh. In turn, Islamic radicalism of the twentieth to twentyfirst centuries is based on the ideas of Islamic fundamentalism. Its main representatives are H. Al-Banna, S. Qutb, the Deoband movement, al-Maududi and R. Khomeyni. Pan-Islamic theories of the (...) 19 th -20t h centuries are based on the thesis that people who seek liberation from colonial oppression should merge. However, scholars have different views on the union of the Muslim world. It was, once, regarded as a combination of historical circumstances and the political realities of the nineteenth century. These were further shaped by the basic idea of Islamic fundamentalism in the twentieth to twentyfirst centuries, which is Salafiyya, or a return to “pure Islam”, a revival of active faith traditions and the union of all walks of life under the Sharia law and strict interpretation and application of its rules. The instruments used by Islamic fundamentalists and radicals to implement it have been the Islam-related slogans for Takfir and Jihad. But in the 21st century, integration and globalization have started playing a significant role. Various geopolitical forces are using various tools, including the idea of Islamic radicalism. (shrink)

Recoge: 1.Conceps of law. A Proposal -- 2.Evolutionary concepts -- 3.Neo-evolutionary theories -- 4.Evolution as learning -- 5.Law as autopoiesis -- 6.Towards a critique of the "Evolution of law" paradigm.

In the development of Roman Catholic social thought from the teachings of the scholastics to the modern social encyclicals, changes in normative economics reflect the transformation of an economic terrain from its feudal roots to the modern industrial economy. The preeminence accorded by the modern market to the allocative over the distributive function of price broke the convenient convergence of commutative and distributive justice in scholastic just price theory. Furthermore, the loss of custom, law, and usage in defining the boundaries (...) of economic behavior led to a depersonalization of economic relationships that had previously provided effective informal means of protecting individual well-being. Hence, recent economic ethics has had to look for nonprice, nonmarket mechanisms for distributive justice. This is reflected, for example, in the shift in attitude from the medieval antipathy toward unions to the contemporary defense of organized labor on moral grounds. (shrink)

The main claim here is that Aquinas’s theory of natural law is false because it is incompatible with the occurrence of evolution by variation and natural selection. This contradicts the Thomist opinion that there is no conflict between the two. The conflict is deep and pervasive, involving the core elements of Aquinas’s theory. The problematic elements include: 1) the fundamental precept that good should be done and pursued, and evil avoided; 2) the claim that every organism aims at the (...) good and that it is wrong to frustrate nature; 3) the Aristotelian preconception that everything has a single preeminent end; 4) the putative natural inclinations attributed to human beings; 5) the assumption that species essentialism is true; and 6) the notion that God’s intentions are discernible in the natural world. It is concluded that the problems are so extensive that Aquinas’s theory is beyond rescue. (shrink)

This paper provides an overview of the various dual-use concepts applied in national and international non-proliferation and anti-terrorism legislation, such as the Biological and Toxin Weapons Convention, the Chemical Weapons Convention and United Nations Security Council Resolution 1540, and national export control legislation and in relevant codes of conduct. While there is a vast literature covering dual-use concepts in particular with regard to life sciences, this is the first paper that incorporates into such discussion the United Nations Security Council Resolution (...) 1540. In addition, recent developments such as the extension of dual-use export control legislation in the area of human rights protection are also identified and reviewed. The discussion of dual-use concepts is hereby undertaken in the context of human- and/or national-security-based approaches to security. This paper discusses four main concepts of dual use as applied today in international and national law: civilian versus military, peaceful versus non-peaceful, legitimate versus illegitimate and benevolent versus malevolent. In addition, the usage of the term to describe positive technology spin-offs between civilian and military applications is also briefly addressed. Attention is also given to the roles civil society and research ethics may play in the governance of dual-use sciences and technologies. (shrink)